Western Australian Current Acts Western Australian Current Acts (1) Unless it is made
for the purpose of enforcing a judgment against the partnership itself, an
enforcement order must not be made under Part 4 in respect of any available
debt in relation to, or any property of, a partnership.
(2) If a judgment in a
case is given against a partnership, an order to enforce the judgment may be
made under Part 4 or 5 —
(a)
against the partnership or in respect of any available debt in relation to, or
any property of, the partnership; or
(b)
without the court’s leave, against a person who —
(i)
was served as a partner with the writ or other document
commencing the case, or with notice of the writ or document, but who did not
enter an appearance; or
(ii)
entered an appearance in the case as a partner; or
(iii)
admitted in the case to being a partner; or
(iv)
was adjudged in the case to be a partner;
or
(c) with
the court’s leave, against a person who is a partner but to whom
paragraph (b) does not apply.
(3) Section 13(2)
applies to an application for leave under this section.
(4) If under Part 4 or
5 an order is made under which any property of a partnership may be sold or
foreclosed, the order must include liberty for the other partner or partners
at any time to purchase or redeem the property.